الإجتهاد المقاصدي عند الإباضية في باب المعاملات المالية من خلال كتاب شرح النيل

Résumé: This study highlights "al-Ijtihad al-Maqasidi" (reflection efforts analyzing objectives of Sharia) of Uluma (theologians) in the Ibadi school, considering the book "Shareh Annail" of the author Mohamed Ben Youssef ATFICHE (died in 1332 Hijri/1914 AD) as base and theme, of which pins "al-Ijtihad al-Maqasidi" of doctrine are extracted. The study was based on the application and practice in the section of financial transactions and all matters related to it. This study aims to determine the objectives of the Ibadi doctrine, to make a thorough analysis of its fundamentals and branches, to communicate to researchers their opinions and provide more in the context of the overall understanding and holistic thinking of the Islamic sharia. The first chapter of the thesis defines "al-Ijtihad al-Maqasidi" and determine the roots of the Ibadi doctrine, its historical and rational origins as well as the biography and training of Sheikh ATFICHE which paved him the way of ijtihad and fatwa, and allowed him to deepen his research while he was still so young and to write a hundred books in different sciences. The second chapter of the study focuses on the principles of "al-Ijtihad al-Maqasidi" whose importance of the objectives consists in understanding and revelation, on theoretical and practical plans. It discusses, in addition, the reasoning status in complete demonstration in Islamic jurisprudence, particularly in Ibadi doctrine, being based in practice on financial transactions section. The study demonstrates later the doctrine approach of benefits and harms and comparing them while defining the impacts that can be generated on jurisprudential branches. The chapter concludes with the preservation of funds from the perspective of ibadi uluma while explaining the fact of its existence. The third chapter discusses the analysis of the objectives of financial transactions consisting of clarity, circulation, stability and justice. It also indicates the reality of these objectives on theoretical and practical plans. The study covers the branches of the Ibadi doctrine to discover these purposes, their place and presence for the jurisprudence of the doctrine and their Uluma. The study concludes that the reflection efforts of Sheikh ATFICHE prove his brilliance and success in objective thoughts. It also showed the scientific status of the Sheikh and the value of its jurisprudential researches, opinions and analyzes taking into account their originality and reasoning, and considering the Sheikh as a source of wealth for both Islamic jurisprudence 434 and Ibadi school researchers. Furthermore, the study came to consider the Ibadi jurisprudence as a distinct model for "al-Ijtihad al-Maqasidi" and a successful example of global thinking which depends on the general principles of Islamic Sharia. The thesis, thus, claims that the method based on holistic efforts could realize the validity of the Sharia and its presence in reality ensuring its sustainability simultaneously with the viability of man as well as its stability through time and space.

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